Terms and conditions

These terms and conditions (the “Terms”) apply to the use of Viral Post Studio (the “App”) at viral-post.ai. The App is operated by FoodCall GmbH (details in the legal notice), hereinafter “we”.

The Terms apply to all accounts, the free plan, paid plans and purchased credits. Different terms only apply if we expressly agree to them in writing.

The contract for the use of the App is concluded when you create an account, by email or via Google. By signing up, you accept these Terms.

You order a paid plan or a credit pack in the App under “Billing”. The respective contract is concluded when you complete the order with the payment service provider Stripe.

The App helps you research, write and schedule posts:

• Topics: It suggests topics from selected news sources and from web research and cites the sources.
• Suggestions: Texts and images are created with artificial intelligence (AI). The App automatically checks quotes and figures against the sources (fact check).
• Publishing: The App publishes posts on the channels you have connected, currently LinkedIn and Telegram, and only when you approve a post: by clicking “Publish” or by scheduling it yourself. The App publishes nothing without your approval.

The services included in a plan, such as credits, channels and scheduled posts, are set out in the pricing overview at the time of ordering. We continuously develop the App and may change features as long as the core of the agreed service is preserved.

For publishing, we use the APIs of LinkedIn and Telegram. If these services change their APIs or rules, this may restrict the range of features.

When signing up, you provide truthful information and keep your sign-in details secret. You are responsible for actions in your account to the extent that they are attributable to you. If you notice any misuse, contact us immediately at hallo@viral-post.ai.

You can ask us to delete your account at any time. Before doing so, cancel any active subscription in the customer portal.

The prices in the pricing overview at the time of ordering apply. All prices are in Swiss francs (CHF) and include VAT.

Payments are processed by Stripe. You enter card and payment details directly with Stripe; we do not receive them. Subscriptions are charged in advance at the start of each billing period, credit packs at the time of purchase.

We will notify you of price increases for active subscriptions at least 30 days in advance. They apply from the following billing period; until then, you can cancel.

• Term: Paid plans are subscriptions billed monthly or annually. They renew automatically for the selected period unless you cancel.
• Trial: You can try a paid plan for 14 days, once per account. To do so, you add a payment card. During the trial, you have a reduced credit allowance; the full monthly credits follow with the first payment. If you do not cancel before the end of the trial, the subscription automatically converts to the paid plan and the first period is charged. If no valid payment method is available at that point, the subscription ends.
• Cancellation: at any time, effective at the end of the current period or the trial, in the customer portal (in the App under “Billing”, “Subscription and invoices”). Until then, you continue to use your plan; after that, the free plan applies to your account.
• Changing plans: If you change your plan, the customer portal shows you, before you confirm, when the new plan takes effect and what it costs.

• Actions such as research, writing a post or creating an image cost credits. The App shows how many before you trigger the action; you can find an overview on the home page.
• Monthly credits are included in the plan and are credited anew every month. Any credits that you have not used by the end of the period expire.
• Purchased credits from credit packs do not expire. They are only used once no monthly credits are left.
• Credits are not a means of payment: they are not transferable and are not paid out in cash. If your account is deleted, any remaining credits expire.

• Failed actions: If an action fails for technical reasons, we automatically refund the credits deducted for it.
• Trial: If you cancel before the end of the trial, nothing is charged.
• Subscriptions: We do not refund billing periods that have already started, not even on a pro rata basis. After cancelling, you can use your plan until the end of the paid period.
• Credit packs: We do not refund purchased credits; in return, they do not expire.
• Incorrect charges: We fully refund duplicate or mistaken charges, and charges made after a timely cancellation, to the original payment method. To request this, contact us at hallo@viral-post.ai.

Withdrawal: Under Swiss law, there is no statutory right of withdrawal for contracts concluded online. Mandatory provisions for the protection of consumers, such as a right of withdrawal under the law of your country of residence, remain unaffected.

• Lawful use: You do not create, store or publish any unlawful content with the App, in particular no content that infringes personality rights or is defamatory, discriminatory, misleading, glorifies violence or infringes copyright.
• Responsibility for posts: You are responsible for posts that you publish or schedule, even if they were created with AI. Check statements, figures and sources before you approve them.
• Platform rules: You comply with the terms of use and policies of the channels on which you publish, such as LinkedIn and Telegram, and only connect accounts, channels and groups that you are authorised to use.
• No misuse: You do not circumvent any limits or security measures, do not access the App in an automated way on a large scale and do not pass your access on to third parties.

If you breach these obligations, we may block the content concerned, suspend your account temporarily or permanently or terminate the contract, without prior warning in the case of serious breaches. If third parties bring claims against us because of a post for which you are responsible, you will indemnify us against these claims.

Texts, images and information that you enter or create with the App belong to you, to the extent that rights exist in them. You grant us the rights we need to store and process them and to publish them on your instructions. We only use your content to provide the App to you.

Similar AI results may also be generated for other users; there is no entitlement to exclusivity.

Texts, images, topic suggestions and the results of the fact check are generated automatically. They may be incomplete, out of date or incorrect; even a statement marked as supported may misrepresent a source, and sources themselves may contain errors.

We give no warranty as to the accuracy, completeness and lawfulness of this content and no warranty as to its effect, such as reach or interactions. The App provides suggestions; you decide whether and what to publish.

We strive for reliable operation but do not guarantee any particular level of availability. Maintenance work, disruptions at hosting, AI or payment providers, and changes and outages at LinkedIn, Telegram and other services may temporarily restrict the App.

If a scheduled post cannot be published at the planned time because of a disruption, the App tries again. We do not guarantee any particular time of publication.

We are liable for damage that we cause intentionally or through gross negligence, and in accordance with mandatory statutory provisions. Otherwise, our liability is excluded to the extent permitted by law, in particular for slight negligence, for indirect and consequential damage such as loss of profit or loss of data, and for damage arising from content that you publish and from disruptions to third-party services.

The same rules apply to the liability of our auxiliary persons.

We explain how we process personal data in our privacy policy.

We may change these Terms, for example because of new features or a change in the legal situation. We will notify you of changes by email or in the App at least 30 days before they take effect. If you do not agree, you can cancel before they take effect. If you continue to use the App after that, the amended Terms are deemed to have been accepted; we will point this out in the notification.

Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction is the registered office of the operator (see legal notice). Mandatory places of jurisdiction remain unaffected, in particular for consumers at their place of residence.

If any provision of these Terms is invalid, the remaining provisions remain valid.